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Trump Pardon Watch Thread


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  On 1/19/2021 at 11:30 PM, SimonBolivar said:

Didn't the end result in Marbury v Madison end up with Marbury still not getting his commission? It's been a minute since ConLaw.

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No--the opposite.  The Judiciary Act was held to be unconstitutional.  So the Court didn't have jurisdiction to hear Marbury's suit for writ of mandamus.

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  On 1/19/2021 at 11:45 PM, conVINCEd said:

Thanks.  I watched the show and there were a lot of possibilities.  Wouldn’t that be a state crime?

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In 2019, Maldonado-Passage was convicted on 17 federal charges of animal abuse (eight violations of the Lacey Act and nine of the Endangered Species Act)[5] and two counts of attempted murder for hire for a plot to kill Big Cat Rescue CEO Carole Baskin.[5] He is serving a 22-year sentence in federal prison.

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  On 1/19/2021 at 9:01 PM, Biff Tannen said:

So, just from a practical standpoint, why would he have not pardoned his stupid kids?  You know DAMN well they have committed federal crimes, with regards to campaign finance stuff alone.

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This might have something to do with it:

 

https://www.cnn.com/2021/01/19/politics/trump-self-pardon-warning/index.html

 

The thought is...if Trump has to list a specific crime in a pardon, then that could provide states exactly what to look for to charge the kids down the road.

 

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Huddled for a lengthy meeting with his legal advisers, Trump was warned the pardons he once hoped to bestow upon his family and even himself would place him in a legally perilous position, convey the appearance of guilt and potentially make him more vulnerable to reprisals.

So, too, was Trump warned that pardons for Republican lawmakers who had sought them for their role in the Capitol insurrection would anger the very Senate Republicans who will determine his fate in an upcoming impeachment trial.

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White House counsel Pat Cipollone and another attorney who represented Trump in his first impeachment trial, Eric Herschmann, offered the grave warnings as Trump, his daughter Ivanka and her husband Jared Kushner listened. Other lawyers joined by telephone. They all told Trump he should not pardon himself, his family or any GOP lawmakers in a prospective manner unless he was prepared to list specific crimes.

Cipollone and former Attorney General William Barr both warned Trump earlier this month they did not believe he should pardon himself, multiple sources familiar with the matter told CNN last week. Barr conveyed this position to Trump before resigning last month, sources say.

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Edited by Francisco 2.0
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  On 1/19/2021 at 11:30 PM, Yuk said:

I'll predict Edward Snowden and Julian Assange pardons. And himself. And kids (except for Eric).

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He has backed off Assange per Snowden's twitter. He was warned this will piss some Senate Repubs off and he still needs to keep from getting convicted in his impeachment trial. 

Also, the United States turns into Whitetrashistan the minute the Tiger King gets a pardon. I could only watch 15 minutes of the first show before I bailed from the sheer scumbag overload. 

Edited by burntorangebongos
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  On 1/19/2021 at 11:52 PM, Ted Lange said:

In 2019, Maldonado-Passage was convicted on 17 federal charges of animal abuse (eight violations of the Lacey Act and nine of the Endangered Species Act)[5] and two counts of attempted murder for hire for a plot to kill Big Cat Rescue CEO Carole Baskin.[5] He is serving a 22-year sentence in federal prison.

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Like a dog!

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  On 1/20/2021 at 12:22 AM, burntorangebongos said:

He has backed off Assange per Snowden's twitter. He was warned this will piss some Senate Repubs off and he still needs to keep from getting convicted in his impeachment trial. 

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He can only focus on what is directly in front of him.  He will pardon himself to get out of impeachment and/or delay it through the courts ruling on if it was legal.

He is only worried about the next month, no plan after that.  Last 4 years is proof.

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  On 1/20/2021 at 12:22 AM, burntorangebongos said:

He has backed off Assange per Snowden's twitter. He was warned this will piss some Senate Repubs off and he still needs to keep from getting convicted in his impeachment trial. 

Also, the United States turns into Whitetrashistan the minute the Tiger King gets a pardon. I could only watch 15 minutes of the first show before I bailed from the sheer scumbag overload. 

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Yep.

 

 

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  On 1/20/2021 at 12:32 AM, burntorangebongos said:

conviction means NO pension, no secret service security, no travel and office expense coverage. He can't afford to be convicted, aside from fear of the jail time that he will likely skate from, he is more worried about loss of benes. 

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if he were capable of thinking ahead he would not have sent a mob to storm the capitol to earn him the second impeachment.  He has only been concerned about the state charges and his debt he owes Deutsch Bank.  He just piled another problem on top of that with his short sightedness.  I'm betting he doubles down with the self pardon.  Too many people are telling him it's a bad idea for him to listen.

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He is dumb and follows his passions, which was sheer anger that day. Talk about being ruled by your emotions. 

He won't extend himself for anyone else but him. I believe like you that he will self pardon but it will be a secret one.  He is not done taking our democracy where it has never gone before. 

Edited by burntorangebongos
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  On 1/20/2021 at 12:14 AM, Francisco 2.0 said:

 

This might have something to do with it:

 

https://www.cnn.com/2021/01/19/politics/trump-self-pardon-warning/index.html

 

The thought is...if Trump has to list a specific crime in a pardon, then that could provide states exactly what to look for to charge the kids down the road.

 

 

 

 

 

 

 

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That makes sense.

If you want to make a pardon really enforceable or useful to the potentially accused, it should be as specific as possible. Particularly where the pardoned has not been accused, charged, or convicted of an offense.

The more vague it is, the more likely it is not to be given effect.

And the secret pardon issue is fascinating.  As a matter of the text, there is no requirement that it be made public.  But the history of the pardon power and impeachment indicate that impeachment was intended to be a stop on corrupt use of the pardon.  Can't very well evaluate that with secret pardons.  Plus, secret pardons invite abuse, as in post-hoc pardons (predated, etc.).

I suppose any limitation on the pardon power violates the text and runs the risk of being almost wholly made up.  It's an interesting problem in constitutional law.

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  On 1/20/2021 at 12:32 AM, burntorangebongos said:

conviction means NO pension, no secret service security, no travel and office expense coverage. He can't afford to be convicted, aside from fear of the jail time that he will likely skate from, he is more worried about loss of benes. 

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I'm not sure that's factual.  The language of the statute doesn't hinge on conviction, but rather removal from office.

Unless he's convicted and removed in the next 24.5 hours, he won't have been removed from office, despite any later conviction.

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  On 1/20/2021 at 12:22 AM, burntorangebongos said:

Also, the United States turns into Whitetrashistan the minute the Tiger King gets a pardon. I could only watch 15 minutes of the first show before I bailed from the sheer scumbag overload. 

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You really need to watch the series.  It will provide insight into the hows and whys of what makes Oklahoma ticks...It's breathtaking really.

 

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  On 1/20/2021 at 1:21 AM, TwiceHorn said:

I suppose any limitation on the pardon power violates the text and runs the risk of being almost wholly made up.  It's an interesting problem in constitutional law.

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This would require an amendment to make the language more specific right?  There’s no fucking way we are ever going to pass an amendment again, so I guess it’s just up to the courts to make it up. Good job america. 

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  On 1/20/2021 at 3:45 AM, Biff Tannen said:

This would require an amendment to make the language more specific right?  There’s no fucking way we are ever going to pass an amendment again, so I guess it’s just up to the courts to make it up. Good job america. 

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I wouldn't be opposed to building in some limitations on it, but it would be somewhat infirm constitutionally, from an academic standpoint.

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  On 1/20/2021 at 4:02 AM, Beau Vine said:

Lawyer just said that it would take 90 seconds to walk the file down the street to the NY AG office and get him charged with state crimes.

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  On 1/20/2021 at 4:02 AM, Pablo said:

Elie Honig just said that his former office (SDNY) could walk the file down to Manhattan to make it state charges and that a pardon wouldn’t affect that. 

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So what exactly have they been waiting for?

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  On 1/20/2021 at 3:51 AM, PenelopeWitherspoon said:

It’s completely ridiculous,  but I watched the whole thing.  I became somewhat woke on how animals are treated at places like this after going to a cheetah rescue place in Africa several years ago.  It was fucking terrible.  They hooked me in because they promised I could watch them run at full speed while chasing a dummy, which is something you are unlikely to see in the wild, and I really wanted to see a cheetah at top speed.  That didn’t happen.  We did get to take a picture with a cub, which is straight out of the Joe Exotic playbook.  Concrete cages as far as they eye could see.  After our hour there, we both felt dirty.

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  On 1/20/2021 at 1:21 AM, TwiceHorn said:

And the secret pardon issue is fascinating

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Has anyone ever heard of “secret pardon” before today? And is the argument that secret pardons are possible simply that the wording of the constitution doesn’t explicitly ban them? Because that sounds pretty fucking stupid to me 

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  On 1/20/2021 at 4:10 AM, Sawbonz said:

Has anyone ever heard of “secret pardon” before today? And is the argument that secret pardons are possible simply that the wording of the constitution doesn’t explicitly ban them? Because that sounds pretty fucking stupid to me 

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Tom Clancy.  Rainbow Six.  Tom wrote fiction, but he tried to make it accurate.  I feel like he probably had a conversation with a few constitutional experts before writing the book.

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  On 1/20/2021 at 4:24 AM, conVINCEd said:

Tom Clancy.  Rainbow Six.  Tom wrote fiction, but he tried to make it accurate.  I feel like he probably had a conversation with a few constitutional experts before writing the book.

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Who got a secret pardon in rainbow 6? That was Clark and his SIL fighting an ecoterrorist cult that was going to save the earth by killing almost everyone with an engineered virus 

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  On 1/20/2021 at 4:32 AM, Sawbonz said:

Who got a secret pardon in rainbow 6? That was Clark and his SIL fighting an ecoterrorist cult that was going to save the earth by killing almost everyone with an engineered virus 

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It has been years since I read the book, but I remember that Jack Ryan had a  secret, post-dated blanket pardon in a safe in his office.  I’m not going to go back and reread the book to find out if my memory is correct.

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  On 1/20/2021 at 4:37 AM, conVINCEd said:

It has been years since I read the book, but I remember that Jack Ryan had a  secret, post-dated blanket pardon in a safe in his office.  I’m not going to go back and reread the book to find out if my memory is correct.

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Jack Ryan didn't have it, the slimy other guy did I believe.  Or at least, that was the movie version.  Love the movie though.

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You know, if Trump goes through with this pardon of Bannon, he won't be able to plead the 5th if Trump or any other administration people were in on that wall scam. Unfortunately, I don't think that would include digging into any of the other shit he might know about Trump, would it?

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